SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Raj) 1724

IN THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANIL KUMAR UPMAN, J.
Ranjeet Kumar – Appellant
Versus
State of Rajasthan and Another – Respondents
S.B. Criminal Misc. Petition No. 9037 of 2022
Decided on : 12-09-2023

Advocates:
Advocate Appeared:
For the Appellant :Mukesh Sharma, for Petitioner;
For the Respondent: Chandragupt Chopra, P.P., Govind Lal Choudhary

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Revision of criminal orders and jurisdiction of the court - The petitioner sought to assail the rejection of a protest petition and acceptance of a negative final report. Two courts found no merit in the allegations against the respondent concerning pension fraud. (Paras 1, 3, 6)

(B) Jurisdiction - The petitioner improperly attempted a second revision petition under Section 482, which is not maintainable after dismissal of the first one. Courts affirmed the initiative taken in reaching a well-reasoned order. (Paras 7, 8)

Facts of the case:
Petitioner-complainant alleged false claims and improper pension receipt by the respondent following their separation. The police investigation led to a negative final report, which was upheld by the lower courts.

Findings of Court:
Both lower courts recorded concurrent findings, affirming the trial court's acceptance of the negative police report and rejection of the protest petition without finding any evidence of fraud.

Issues: The primary issue involved whether the respondent committed fraud concerning pension benefits and whether the trial court acted without illegality in its judgment.

Ratio Decidendi: The court determined that there was no evidence against the respondent concerning fraudulent pension claims and emphasized the decision of lower courts which upheld the negative report.

Result: Miscellaneous petition is dismissed.

Table of Content
1. details of the complaint and court's prior decisions. (Para 1 , 2 , 3)
2. arguments regarding the rejection of the protest petition. (Para 4 , 5)
3. court's reasoning on the rejection of the petition. (Para 6 , 7 , 8)
4. final dismissal of the misc. petition. (Para 9)

JUDGMENT :

ANIL KUMAR UPMAN, J.:— The instant misc. petition under Section 482 Cr. P.C. has been filed by the petitioner-complainant Ranjeet Kumar for assailing the order dated 25.08.2022 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Kota rejecting the criminal revision (No. 01/2021) preferred by him and affirming the order dated 09.03.2021 passed by learned Judicial Magistrate, No. 7, Kota in regular CIS No. 1653/2017 (FR No. 159/2017) whereby the learned trial court while accepting the FR filed by the investigating agency, rejected the protest petition filed by the petitioner - complainant.

2. Brief facts of the case are that the petitioner-complainant submitted a complaint in the court of learned Addl. Chief Judicial Magistrate No. 7, Kota inter alia alleging that his marriage with the respondent No. 2 Pinky Mahawar was solemnized in the year 2011. However, she has been residing with her parents since 2013 and she has lodged several false and frivolous cases against him. It was alleged in the complaint that the accused/respondent No. 2 has been receiving pension under the scheme of Rajasthan State Government from Social Justice and Empowerment Department. She is also receiving pension for her daughter under Palanhar Pension Scheme. It is claimed in the complaint that she is not entitled for pension benefits and has been getting the same on the basis of false and fabricated documents. It has been alleged in the complaint that the respondent No. 2 has lodged cases for domestic violence but in none of the case, she has mentioned this fact of receiving family pensions.

3. The learned trial court forwarded the complaint to the Police Station Nayapura for investigation under Section 156(3) Cr. P.C. After investigation, the police found the complaint to be false and submitted a negative final report before the learned court concerned against which, the petitioner filed a protest petition and examined himself as witness and prayed the learned trial court to take cognizance against the respondent No. 2 for offences under Sections 420 , 467, 468 and 471 IPC. The learned trial court after hearing arguments from both the sides, rejected the protest petition filed by the petitioner and accepted the negative final report filed by the police vide order dated 09.03.2021. Being aggrieved of the order dated 09.03.2021, the petitioner filed a revision petition (No. 01/2021) before the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Kota. However, the learned revisional court, too vide its order dated 25.08.2022 dismissed the revision petition filed by the petitioner and affirmed the order dated 09.03.2021 passed by the learned trial court. Hence this misc. petition.

4. Shri Mukesh Sharma, learned counsel representing the petitioner vehemently and fervently urged that the learned trial court seriously erred in rejecting the protest petition filed by the petitioner-complainant and accepting the negative final report filed by the investigating agency. He contends that the respondent No. 2 gave false statement on oath for getting pension whereas she is not entitled for the same and as such, it is clear that prima facie offences under Sections 420 , 467, 468 and 471 IPC is made out against the respondent No. 2. He further contends that the learned trial court has committed grave illegality in accepting the Final Report without considering the material available on record which clearly shows that the accused respondent No. 2 has committed offences under Sections 420 , 467, 468 and 471 IPC. He further contends that the learned revisional court too overlooked this important aspect of the matter and affirmed the order passed

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top